(1)  Subject to section 38 , a person who engages a building surveyor must not remove that building surveyor from that engagement without the consent of the Director of Building Control.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(2)  The Director of Building Control may consent under subsection (1) to the removal of a person from an engagement as a building surveyor if the Director of Building Control is satisfied on reasonable grounds that –

(a) the person is incapable of performing the functions of building surveyor for which he or she was engaged; or

(b) the person is no longer the building surveyor, or is no longer suitable to be the building surveyor; or

(c) the person is no longer qualified to perform the functions of building surveyor for which he or she was engaged; or

(d) the person has engaged in professional misconduct.